Schwartz to Social Security: Treats straights, gays alike

WASHINGTON, D.C.  (Press Release)– U.S. Rep. Allyson Y. Schwartz (D-Pennsylvania) on Thursday, May 22,  led 127 U.S. Representatives in urging the federal government to extend Social Security marriage benefits to all same-sex spouses, regardless of where they live. Schwartz’s push comes as Pennsylvania this week became the 19th state to recognize same-sex marriages and the last Northeastern state to do so.

In their letter, Schwartz and her fellow House members called on the Social Security Administration to end the unconstitutional discrimination that is now preventing many same-sex couples from receiving the Social Security spousal benefits they have earned. The Social Security Administration is currently withholding benefits from same-sex couples in civil unions and registered domestic partnerships, as well as married same-sex couples living in states that do not recognize same-sex marriages.

“Everyone deserves equal treatment under our nation’s laws, regardless of their sexual orientation, where they live or where they took their vows,” Schwartz said. “The federal court was absolutely right to strike down Pennsylvania’s discriminatory and unjust law against marriage equality. This was an historic victory for our state, but we have more work to do to ensure all loving, committed same-sex spouses in Pennsylvania and nationwide receive the same federal benefits and protections that apply to other married couples and their families.

In 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the Defense of Marriage Act—defining marriage as a union between one man and one woman—was unconstitutional under the Due Process Clause of the Fifth Amendment. But the Windsor decision provided little guidance as to the status of legally married couples who live in states that do not recognize same-sex marriages. As a result, the Social Security Administration has put on hold survivor benefit applications from same-sex spouses who live in states that do not recognize gay marriage.

Mary L. Bonauto, Civil Rights Director at Gay and Lesbian Advocates and Defenders (GLAD), said, “As the Social Security Administration continues its extensive efforts to implement the Windsor decision, we appreciate the careful attention from Rep. Schwartz and Members of Congress to ensure that all married couples receive the Social Security benefits they have paid for and count on as part of our safety net.”

David C. Stacy, Government Affairs Director at the Human Rights Campaign, said, “Every legally married, same-sex couple deserves to have their marriage fully recognized by the federal government regardless of where they live or what federal benefits they have earned.  We thank Rep. Allyson Schwartz for bringing attention to the essential protections provided by Social Security.  Her leadership is moving us closer to an America where every citizen is treated equally regardless of sexual orientation or gender identity.”

Schwartz, a member of the House Ways and Means Committee’s Subcommittee on Social Security, is an original cosponsor of the Social Security and Marriage Equality (SAME) Act (H.R. 4664). The bill would amend the Social Security Act to ensure that all same-sex spouses receive equal treatment when applying for Social Security benefits regardless of what state they live in. Senators Patty Murray (D-WA), Mark Udall (D-CO) and Tammy Baldwin (D-WI) are leading companion legislation in the U.S. Senate.

Schwartz is also a cosponsor of the Respect for Marriage Act (H.R. 2523 / S.1236), which would repeal the portions of the Defense of Marriage Act that the Supreme Court left intact and extend Social Security survivor benefits to legally married same-sex couples, regardless of where they live.

SUPPORTING ORGANIZATIONS: American Civil Liberties Union (ACLU); Alliance for a Just Society; B’nai B’rith International; California Health Advocates; Center for Community Change Action; Center for Medicare Advocacy (CMA); Freedom to Marry; Gay and Lesbian Advocates and Defenders (GLAD); Human Rights Campaign (HRC); International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW); Lambda Legal; Main Street Alliance; National Council on Aging; National Senior Citizen Law Center (NSCLC); OWL-National; Positive Resource Center; Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders (SAGE); Service Employees International Union (SEIU); Social Security Works; Strengthen Social Security Coalition.

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Preceding provided by U.S. Rep. Allyson Schwartz.  … Articles in San Diego Jewish World on Jewish Democratic women in the U.S. Senate and House of Representatives are sponsored by Laura Galinson in memory of her father, Murray Galinson.